RAHIL @ HABEEB S/O HAJI ROSHAN KHAN B/C MUSALMAN, R/O HOUSE NO. 279, OLD WARD NO.35, NEW WARD NO. 50, OPP. DAYAL HOSPITAL, KALURAM HARIJAN KI GALI, OPP. HOUSE OF TAHEER NAGAURI, KHANIA BANDHA, POLICE STATION, TRANSPORT NAGAR, JAIPUR Vs. HEENA BANO D/O KHAJU KHAN, W/O SHRI RAHIL @ HABEEB B/C MUSALMAN, R/O BADIYAL MOHALLA, DAUSA
LAWS(RAJ)-2017-2-51
HIGH COURT OF RAJASTHAN
Decided on
February 09,2017
Rahil @ Habeeb S/O Haji Roshan Khan B/C Musalman, R/O House No. 279, Old Ward No.35, New Ward No. 50, Opp. Dayal Hospital, Kaluram Harijan Ki Gali, Opp. House Of Taheer Nagauri, Khania Bandha, Police Station, Transport Nagar, Jaipur
Appellant
VERSUS
Heena Bano D/O Khaju Khan, W/O Shri Rahil @ Habeeb B/C Musalman, R/O Badiyal Mohalla, Dausa
Respondents
JUDGEMENT
Banwari Lal Sharma, J. -
(1.) The present Revision Petition is preferred assailing the impugned order dated 12.01.2017 passed by Learned Judge Family Court, Dausa in Criminal Misc. Application No. 88/2016 (Heena Bano & others v. Raheel @ Habeeb) whereby Learned Court below allowed the application of respondents submitted under Section 125(3) Cr.P.C and awarded sentence for 11 months civil imprisonment for committing default in payment of maintenance amount for 16 months.
(2.) The brief facts of the case are that respondents submitted an application under Section 125 Cr.P.C. before Learned Family Court, Dausa which was allowed vide order dated 27.07.2016 and it was ordered that petitioner shall pay of Rs. 4000/- per month as maintenance to respondents. Thereafter, respondents filed an application under Section 125(3) Cr.P.C. before Learned Family Court which was allowed vide order dated 15.10.2016 and one month civil imprisonment was awarded to present petitioner for committing default in payment of maintenance amount for 16 months. Thereafter, an another application in the same proceedings was moved by the respondents under Section 125(3) Cr.P.C. on 26.11.2016 before Learned Court below which was allowed by the Learned Court below and the civil imprisonment which was awarded for one month was modified to 11 months civil jail. Aggrieved by the impugned order dated 12.01.2017, petitioner filed this Revision Petition.
(3.) Learned Counsel for petitioner Ms. Akanksha Saxena submits that Coordinate Bench of this Court in the matter of Haricharan v. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No. 612/2007) decided on 11.11.2014 and in the matter of Ram Kumar v. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No. 613/2007) decided on 20.11.2014 observed that imprisonment for non-payment of amount of maintenance cannot be beyond period of one month, rather it can be for one month and until payment is made sooner. She further submits that once Learned Family Court decided the application under Section 125(3) Cr.P.C. and awarded sentence for civil imprisonment for one month for default period from 18.03.2015 to 27.07.2016 then Learned Family Court has no right or jurisdiction to enhance the sentence for the same period in the same proceedings, therefore this Revision Petition may be allowed and impugned order may be quashed and set aside.;
(2.) The brief facts of the case are that respondents submitted an application under Section 125 Cr.P.C. before Learned Family Court, Dausa which was allowed vide order dated 27.07.2016 and it was ordered that petitioner shall pay of Rs. 4000/- per month as maintenance to respondents. Thereafter, respondents filed an application under Section 125(3) Cr.P.C. before Learned Family Court which was allowed vide order dated 15.10.2016 and one month civil imprisonment was awarded to present petitioner for committing default in payment of maintenance amount for 16 months. Thereafter, an another application in the same proceedings was moved by the respondents under Section 125(3) Cr.P.C. on 26.11.2016 before Learned Court below which was allowed by the Learned Court below and the civil imprisonment which was awarded for one month was modified to 11 months civil jail. Aggrieved by the impugned order dated 12.01.2017, petitioner filed this Revision Petition.
(3.) Learned Counsel for petitioner Ms. Akanksha Saxena submits that Coordinate Bench of this Court in the matter of Haricharan v. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No. 612/2007) decided on 11.11.2014 and in the matter of Ram Kumar v. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No. 613/2007) decided on 20.11.2014 observed that imprisonment for non-payment of amount of maintenance cannot be beyond period of one month, rather it can be for one month and until payment is made sooner. She further submits that once Learned Family Court decided the application under Section 125(3) Cr.P.C. and awarded sentence for civil imprisonment for one month for default period from 18.03.2015 to 27.07.2016 then Learned Family Court has no right or jurisdiction to enhance the sentence for the same period in the same proceedings, therefore this Revision Petition may be allowed and impugned order may be quashed and set aside.;
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